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Ski-resort municipality shut out of judicial review

Canadian national ski team training on Farnham Glacier in late July. Farnham Glacier is one of the four glaciers that will be lift accessible for year round skiing at Jumbo Glacier Resort. The national ski team has been training on Farnham Glacier since the summer of 2003. Access was initially only via helicopter, but a rough mountain road access has now been constructed to the base of the glacier. Snowcats are used as ad-hoc ski lifts. A portion of Farnham Glacier has been sub-licensed to the Calgary Olympic Development Association (CODA) to facilitate training. Glacier Resorts Ltd. intends to install glacier lifts in order to accommodate summer training for both junior and senior ski teams on both Farnham Glacier and Glacier Dome.

Oberto Oberti Architecture and Urban Design Inc.

B.C. Supreme Court has quashed a southeastern B.C. resort municipality's application to be a respondent in the upcoming judicial review of an all-season ski resort slated to be built in the area.

The Ktunaxa (K-too-NAH-ha) Nation applied for the review, saying the Jumbo Glacier Resort will be built on its sacred territory in the East Kootenays, and that the province's approval of the project infringes on aboriginal rights and interests.

The band has asked the court to grant a temporary injunction against construction until a decision is made, as well as a permanent injunction against development in the sacred Qat'muk (CAT-muk) area.

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The Jumbo Glacier Mountain Resort Municipality, which was established last year, has applied to be part of the upcoming proceedings, arguing that its interests would be directly impacted by an injunction.

The municipality argues the reason for its existence would be nullified if it can't proceed with developing the resort, which has been a source of contention in the region for more than 20 years.

But B.C. Supreme Court Master Grant Taylor says the issue concerns only the Ktunaxa Nation and the provincial government, and that the resort municipality would only suffer so-called collateral damage if an injunction is granted.

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